Risky sex case dismissed

CHARLES MUSONDA writes@sunzambianTHE Lusaka Magistrates’ Court has dismissed a case in which a lawyer complained against her lover for allegedly exposing her to a health risk through sex.In this case, Naomi Sithole complained against Kelvin Milambo that he knowingly and negligently exposed her to an infection dangerous to her health.Particulars of offence were that between March 26, 2020 and June 21, 2020 in Lusaka, Milambo unlawfully and negligently did acts which, and which he knew or had reason to believe to be, likely to spread the infection of any disease dangerous to Ms. Sithole’s life, contrary to Section 183 of the Penal Code, Chapter 87 of the Laws of Zambia.Lusaka Magistrate Felix Kaoma dismissed the case yesterday and discharged Milambo for want of prosecution after Ms. Sithole failed to show up in court to prosecute her matter.When public prosecutor Jordan Busiku called the case, Ms. Sithole was absent, prompting defence lawyer Osborne Ngoma to apply for dismissal of the case.Mr. Ngoma said the matter was started in terms of Sections 90 and 92 of the Criminal Procedure Code and that it was the complainant’s duty to prosecute the matter as the accused person was before court at her instance.He said as the record showed, yesterday was the second time Ms. Sithole failed to turn up to prosecute the matter and reasons of her absence were not known as there was no notice of adjournment.“Therefore our prayer is that this matter be dismissed for want of prosecution as it appears that the complainant is no longer interested in this matter and the court can’t be held to ransom…. justice should not only be done but be seen to be done,” Mr. Ngoma said.In his ruling, Mr. Kaoma accordingly dismissed the case and later ordered that Milambo’s passport, which was kept as part of bail conditions, be released.According to Ms. Sithole, she knew Milambo in April 2019 and he later proposed to her.She said he then asked her to have a child and that before their first intimate encounter, she asked him about his HIV status and proposed that they go for testing.She said Milambo told her that he was negative and that he had just done medicals for an international job he had just got with the World Food Pogramme. She said following his assurance, they had sex on various occasions between March 26 and June 23, 2020.Ms. Sithole said towards the end of May this year she came across a WhatsApp chat in which Milambo lamented that his former wife was not in order to expose his illness even if he were sick. She said it was her belief that the illness which Milambo was lamenting about was the same for which his former wife was on ART.